Rule 10.11 Procedure on transfer of cause or application

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

rules 10.24-10.25 added by Family Proceedings 1993 rule 6
rules 2.71-2.77 revoked by Family Proceedings 1999 rule 19
rules 3.1-3.20 (Pt.III) am. (references to any of rules 2.52-2.70 shatl be read as references to those rules as they were before these rules came into force) by Family Proceedings 1999 rule 20
rules 3.21-3.23 added by Family Proceedings 1993 rule 4
rules 2.71-2.77 added by Family Proceedings 1997 rule 4
rule 2.45A-2.45B inserted by Family Proceedings 2003 rule 3
rule 10.11 words substituted by Family Proceedings 2005 rule 108

(1)

Where any cause or application is ordered to be transferred from one court or registry to another, the proper officer of the first-mentioned court or registry shall, unless otherwise directed, give notice of the transfer to the parties.

(2)

Any provision in these rules, or in any order made or notice given pursuant to these rules, for the transfer of proceedings between a divorce county court and the High Court shall, in relation to proceedings which, after the transfer, are to continue in the principal registry, be construed—

(a)

in the case of a transfer from the High Court to a divorce county court, as a provision for the proceedings to be treated as pending in a divorce county court, and

(b)

in the case of a transfer from a divorce county court to the High Court, as a provision for the proceedings no longer to be treated as pending in a divorce county court.

(3)

Proceedings transferred from a divorce county court to the High Court pursuant to any provision in these rules shall, unless the order for transfer otherwise directs, proceed in the registry nearest to the divorce county court from which they are transferred, but nothing in this paragraph shall prejudice any power under these rules to order the transfer of the proceedings to a different registry.